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TMI Blog2017 (3) TMI 1854X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer for adjudication on merits in accordance with the law, by way of a speaking order and after giving yet another opportunity of hearing - As this issue regarding disallowance of interest is being remitted to the file of the Assessing Officer anyway, I also deem it appropriate to remit the matter regarding disallowance of business expenses to the file of the Assessing Officer as well, for fresh adjudication. The matter regarding both the above disallowances thus stands restored to the file of the Assessing Officer. - ITA No.2176/Ahd/2012 (Assessment Year: 2009-10) - - - Dated:- 28-3-2017 - Pramod Kumar AM P.B. Parmar, for the appellant Raj Deep Singh, for the respondent O R D E R 1. By way of this app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erate as an estoppel against the assessee as also against the department. 6. Accordingly, the Id. CIT(A) ought to have appreciated the written submission made by the Appellant during the course of appellate proceedings and the issue with regard to disallowance of interest expenditure ought to have been decided on merits. 7. Ld. CIT(A) has erred in law and on the facts of the case in confirming the disallowance of ₹ 1,18,237/- being 20% of ₹ 5,91,188/- in respect of various business expenditure for want of verification. 8. Both the lower authorities have passed the orders without properly appreciating the fact and that they further erred in grossly ignoring various submissions, explanations and information submitted by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ensive, however, relies on the stand of the authorities below. He submits that once the assessee has himself volunteered the disallowance, he cannot be allowed to press for adjudication on merits. I am urged to confirm the order of the learned CIT(A) and decline to interfere in the matter. 5. I find that, in his affidavit dated 27th September 2012, the accountant of the assessee firm has stated as follows :- 8. That the Commissioner of income Tax (Appeals) XIV, in his order has stated that vide order sheet entry dated 24.11.2011, the assessee has withdrawn submission made on 20.11.2011 and accordingly, the assessee agreed for the impugned disallowance. In this connection, I clarify that I had signed the said order sheet entry, h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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